§576D-6  Other duties of agency.  (a) 
The agency shall:



(1)  Establish a state parent locator service for the
purpose of locating absent and custodial parents;



(2)  Cooperate with other states in:



(A)  Establishing paternity, if necessary;



(B)  Locating an absent parent who is present
in the State and against whom any action is being taken under a Title IV-D
program in any other state; and



(C)  Securing compliance by an absent parent
with a support order issued by a court of competent jurisdiction in another
state;



(3)  Perform periodic checks of whether a parent is
collecting unemployment compensation and, if so, to arrange, either through
agreement with the parent or by bringing legal process, to have a portion of
the compensation withheld, to fulfill the parent's child support obligations;



(4)  Notify annually each custodial parent, guardian,
protective payee, or other person having custody of the child of an Aid to
Families with Dependent Children family of the amount of child support
collected on behalf of the child in the family.  For the purpose of this
section, "Aid to Families with Dependent Children family" means a
family that receives financial assistance under the federal Aid to Families
with Dependent Children program or its successor;



(5)  Establish and use procedures that shall require a
debtor parent to give security, post bond, or give some other guarantee to
secure payment of delinquent child support.  The procedures shall apply to all
debtor parents of children described under section 576D-3.  The procedures
shall include advance notice to the debtor parent in full compliance with the
State's procedural due process requirements.  The agency shall develop
guidelines, which are available to the public, to determine whether the case is
inappropriate for application of this requirement;



(6)  Establish and use procedures by which information
regarding the name of the debtor parent and the amount of delinquent child
support owed by a debtor parent residing in the State will be made available to
any consumer reporting agency as defined in section 603(f) of the Fair Credit
Reporting Act.  The procedures shall be effectuated upon the agency being
authorized to provide Title IV-D services, and shall include provisions on
advance notice to the debtor parent whose information is being reported of the
procedures, which shall be in full compliance with the State's procedural due
process requirements, to contest the accuracy of the information;



(7)  Establish and use procedures that will enforce
liens against the real and personal property of a debtor parent who owes
overdue support and who resides or owns property in the State.  The agency
shall further establish guidelines that are available to the public to
determine whether the case is inappropriate for application of this paragraph;



(8)  Establish and use procedures for the notification
of a custodial parent that any income tax refund setoff under section 231-53
shall be retained by the State in cases where medical support rights have been
assigned to the State and the income tax refund setoff is applied to amounts
designated in the child support order for medical purposes;



(9)  Establish and use procedures for prompt
reimbursements of overpayments of child support debts from income tax refund
setoffs under section 231-53. The procedures shall provide for the
reimbursements to be made by the custodial parent or agency;



(10)  Establish and use procedures for periodic review
and modification of child support orders in accordance with Title IV-D;



(11)  Provide notice not less than once every three
years to those parents subject to an order of support informing the parents of
their right to request the agency to review and, if appropriate, adjust the
order of support pursuant to the guidelines established under section 576D-7;



(12)  Establish and operate a state case registry that
contains records of:



(A)  Each case in which services are being
provided by the agency under the state plan; and



(B)  Each support order established or modified
in the State on or after October 1, 1998.



The
records shall use standardized data elements for both parents, including but
not limited to names, residential and mailing addresses, telephone numbers,
driver's license numbers, names, addresses, and telephone number of the party's
employer, social security numbers and other uniform identification numbers,
dates of birth, and case identification numbers, and contain any other
information as required by the United States Secretary of Health and Human
Services.  In each case with respect to subparagraph (A) and where a support
order has been established, the case record shall include the amount of monthly
or other periodic support owed under the order, and other amounts, including
but not limited to arrearages, due under the order, the amounts collected under
the order, the birthdate of any child for whom the order requires the provision
of support, and the amount of any lien imposed;



(13)  Perform other duties required under chapter 576B,
the Uniform Interstate Family Support Act; and



(14)  Perform other duties required under Title IV-D.



(b)  The procedures required under subsection
(a)(5), (6), (7), (8), (9), and (10) shall be established by rule in accordance
with chapter 91. [L 1986, c 332, pt of §2; am L 1991, c 182, §1; am L 1994, c
24, §2; am L 1995, c 137, §1; am L 1996, c 25, §2; am L 1997, c 293, §27; am L
1998, c 153, §5; am L 2008, c 178, §1]



 



Case Notes



 



  With the consent of the payor-parent, the family court is
authorized to enter an order barring the payor-parent, for a period of three
years, from seeking a reduction in court-ordered child support.  101 H. 37
(App.), 61 P.3d 548.